LEKHRAJ RAWAL Vs. KIRTI KUMAR P. GANERIWALA

JUDGEMENT

(1.) An application under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) has been filed by the applicant for appointment of an arbitrator.

(2.) Facts necessary for disposal of this application are to the effect that the applicant and the non-applicant as well as one Rai Chand Bolodaya, resident of 29, Avanti Marine Drive, Mumbai had entered into partnership under the name and style of M/s. KRL Motor Transport, Naya Bazar, Gwalior (MP) on 01/10/2000, on terms and conditions stipulated in the partnership agreement. Rai Chand Bolodaya stated to have died on 11/01/2006. The non-applicant and the applicant agreed to continue the said business in partnership since 12/01/2006 and the revised partnership agreement between them was executed on 12/01/2006 and the business continued in the name and style of M/s. K.R.L. Motor Transport. Annexure A/1 is copy of the partnership agreement. As per the partnership, there shall be division of the profits and loss in equal proportion (50% each). The partnership business was of the nature of transport agents and contractors as well as allied business thereto. The partnership also provide for doing business of other nature and commodities as may mutually agreed upon by the partners from time to time. Clause 12 provides for arbitration, which reads as under:

(3.) It appears that dispute arose between the partners in respect of apportionment of profits as detailed in paragraph 4 of the application and as pleaded by the applicant, the non-applicant did not respondent to settle the dispute as requested by the applicant. Under such circumstances, the applicant invoked the arbitration clause by sending a notice to the non-applicant for appointment of arbitrator through counsel on 16/07/2012 (Annexure A/3). After more than 30 days, the applicant approached this Court for appointment of arbitrator under section 11(6) of the Act of 1996.